The Particulars of the Constitutional Litigation Process in the Republic of Moldova

Abstract

This study is generally dedicated to researching the purpose and functions of constitutional litigation, and in particular, it is dedicated to researching the purpose and functions of the constitutional litigation process within the rule of law. In the condition of the existence of a relevant legal framework, the doctrinal concepts relating to the purpose and functions of the constitutional litigation process contribute to drawing a conclusion, according to which: the constitutional litigation is identified with the procedures for the control of constitutionality, by way of action or by way of exception, previously or after the entry into force of the law.

Regarding the purpose of the constitutional litigation process within a state of law, the author notes that it directly aims to guarantee the supremacy of the Constitution, by 1) ensuring the realization of the principle of separation of state power into legislative, executive, and judicial power; 2) guaranteeing the state's responsibility towards the citizen and the citizen towards the state.

Regarding the functions of the constitutional litigation process within a state of law, the author finds that they directly aim at the interpretation of the Constitution based on the principle of legality and publicity; control of the constitutionality in general of national and international normative acts; resolving the exceptions of unconstitutionality of legal acts; legal protection of human and citizen rights and freedoms, etc.